Patna High Court
Mirtunjay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the matter should be decided by the Secretary, Department of Mines and Geology, after the petitioner files a detailed representation, and disposed the writ petition pending that decision.
Summary
Mirtunjay Kumar filed a writ petition seeking mandamus to quash the blocking of his ID and password for a sand storage license, to set aside a letter directing punitive action against K‑license holders, and to restore his ability to conduct business. The petitioner alleged that the actions were arbitrary, illegal, and based on false premises as no sand stock existed at his site. The Patna High Court observed that the Secretary of the Department of Mines and Geology should decide the matter after the petitioner files a detailed representation with supporting documents. The court directed that a reasoned order be passed within three months and that the interim protection granted earlier continue. Consequently, the writ petition was disposed with the observation that the respondent authority must consider the representation before any further relief is granted.
Issues considered
- Whether the blocking of the petitioner’s ID and password without notice is arbitrary and illegal.
- Whether letter No. 5645 directing punitive action against K‑license holders is false, baseless, and unsupported by evidence.
- Whether the alleged unauthorized sale beyond permissible limits applies to the petitioner.
- Whether a writ of mandamus can be issued to restore the petitioner’s ID and password and allow continuation of his licensed business.
Subjects
- sand storage license
- mandamus
- writ petition
- arbitrary action
- Department of Mines and Geology
- punitive action
- unauthorized sale
- interim protection
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.173 of 2026
======================================================
Mirtunjay Kumar Son of Binod Kumar, R/o- village- Lahladpur, P.O. -
Saidabad, P.S.- Rani Talab, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Department of Mines and Geology,
Government of Bihar, Patna.
2. The Secretary, Department of Mines and Geology, Government of Bihar,
Patna.
3. The Director, Department of Mines and Geology, Government of Bihar,
Patna.
4. The District Magistrate, Patna.
5. The Mineral Development Officer, District Mining Office, Patna.
6. The Mining Inspector, District Mining Office, Patna.
7. The Officer-in-Charge, IIT Amhara Police Station, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prashant Kumar, Advocate
For the State : Mr. Standing Counsel (07)
For the Mines Dept. : Mr. Naresh Dikshit, Spl. PP Mines
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 26-03-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of a writ in the nature of
Mandamus for quashing the arbitrary and illegal
action of the respondent authorities in
blocking/closing the petitioner's I.D. and
password appertaining to its sand Storage
License without any notice opportunity of
Patna High Court CWJC No.173 of 2026(3) dt.26-03-2026
2/3
hearing.
(ii) for quashing the letter no. 5645
dated 07.10.2025, so far as it relates to the
petitioner, by which a direction has been issued
to take punitive action against all K-license
holders for alleged ground of unauthorized sale
beyond the permissible limit is false, baseless,
and without evidentiary support, especially when
no stock of sand existed at the petitioner's site at
the relevant time.
(iii) for issuance of a writ in the nature
of mandamus, commanding and directing the
respondent authorities to immediately restore the
petitioner's I.D and password and allow him to
carry on lawful business under his valid license.
(iv) for holding that the alleged ground
of unauthorized sale beyond the permissible limit
is not all applicable in the case of petitioner.
(v) for issuance of such other order or
direction as the petitioner may be found entitled
to in the facts and circumstances of the instant
case.”
Patna High Court CWJC No.173 of 2026(3) dt.26-03-2026
3/3
3. This Court is of the opinion that it would be
appropriate that the respondent no.2, the Secretary, Department
of Mines and Geology, Bihar, Patna takes a decision.
4. The petitioner will be filing a detailed
representation alongwith all the supporting documents and
he/she shall be duty bound to pass a reasoned order in next three
months.
5. Till the decision comes from the aforesaid
respondent no.2, the interim protection granted on 02.02.2026
by the coordinate Bench to continue.
6. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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